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TREE. A woody plant, which in respect of thickness and height grows greater than any other plant.
     2. Trees are part of the real estate while growing, and before they are severed from the freehold; but as soon as they are cut down, they are personal property.
     3. Some trees are timber trees, while others do not bear that denomination. Vide Timber, and 2 Bl. Com. 281.
     4. Trees belong to the owner of the land where they grow, but if the roots go out of one man's land into that of another, or the branches spread over the adjoining estates, such roots or branches may be cut off by the owner of the land into which they thus grow. Rolle's R. 394; 3 Bulst. 198; Vin. Ab. Trees, E; and tit. Nuisance, W 2, pl. 3; 8 Com. Dig. 983; 2 Com. Dig. 274; 10 Vin. Ab. 142; 20 Viii. Ab. 415; 22 Vin. Ab. 583; 1 Supp. to Ves. jr. 138; 2 Supp. to Ves. jr. 162, 448; 6 Ves. 109.
     5. When the roots grow into the adjoining land, the owner of such land may lawfully claim a right to hold the tree in common with the owner of the land where it was planted; but if the branches only overshadow the adjoining land, and the root does not enter it, the tree wholly belongs owner of the estate where the roots grow. 1 Swift's Dig. 104; 1 Hill. Ab. 6; 1 Ld. Raym. 737. Vide 13 Pick. R. 44; 1 Pick., R. 224; 4 Mass. R. 266; 6 N. H. Rep. 430; 3 Day, 476; 11 Co. 50; Rob. 316; 2 Rolle, It. 141 Moo. & Mal. 112; 11 Conn. R. 177; 7 Conn. 125; 8 East, R. 394; 5 B. & Ald. 600; 1 Chit. Gen. Pr. 625; 2 Phil. Ev. 138; Gale & Wheat. on Easem. 210; Code Civ. art. 671; Pardes. Tr. des Servitudes, 297; Bro. Ab. Demand, 20; Dall. Dict. mot Servitudes, art. 3 Sec. 8; 2 P. Wms. 606; Moor, 812; Hob. 219; Plowd. 470; 5 B. & C. 897; S. C. 8 D. & R. 651. When the tree grows directly on the boundary line, so that the line passes through it, it is the property of both owners, whether it be marked as a boundary or not. 12 N. H. Rep. 454.

References in periodicals archive ?
shtml) United States Department of Agriculture (USDA), the brown tree snake is an invasive species native to Australia, Indonesia and Papua New Guinea but was later discovered on Guam (likely by way of cargo).
The hope is that the acetaminophen will give a major headache to brown tree snakes.
Summary: TEHRAN (FNA)- Declaring war against invasive brown tree snakes infesting the Pacific US territory of Guam, wildlife officials plan this spring to bomb the island with dead baby mice stuffed with a common pain-killing medicine that is poisonous to the reptiles.
The common bronzeback tree snake, Dendrelaphis tristis (Daudin, 1803), ranges from Sri Lanka northward through most of India to Myanmar and Nepal (Van Rooijen and Vogel, 2008).
Accidently brought to the island in the 1950s as a cargo ship stowaway, the brown tree snake population exploded when it found abundant prey and no natural predators.
Creepy Crawlies has five dedicated exhibits -- an Insect Wall featuring tarantulas, spiders, scorpions, millipedes, mantes, beetles and the Madagascar Hissing Cockroach; the Wall Mounted Glass Exhibits comprising walking sticks, geckos, frogs, lizards and toads; the Iguana Enclosure; the Burmese Python Enclosure and the Tree Snake Enclosure featuring the Oriental Whip Snake and Red Tail Racer Snake.
There was quite a lot work to be done and a few surprises, too, such as when they unfurled the mainsail to find a rather disturbed two-metre-long tree snake, along with family and/or friends, which had made the sail their home.
The venomous brown tree snake (Boiga irregularis) is a member of the Boiginae sub-family within the polyphyletic taxon Colubridae, and native to tropical Africa, India, and Australia (1).
This island basin is currently under attack by a number of invasive species such as the brown tree snake, various rat species, and the coqui frog, which tends to reduce biodiversity," explains Fisher.
The brown tree snake, a native of Australia and New Guinea, has the ability to hide in small spaces.
He starts with a trip to Guam to investigate the impact of the brown tree snake on that island's native species and people; then proceeds to Hawaii, with its cornucopia of non-natives; and ends with a series of mini-excursions into the study of marine invaders.
Following the end of World War II, the brown tree snake was accidentally introduced to the island of Guam in the Pacific Ocean.